Add Harrassment to the City Attorney’s List of Skills

tustin lawyersLike you, we thought this embarrassing saga of the Tustin City Council was over. John and the Fab Four had been sworn in, Deborah Gavello and her arch-nemesis Jerry “Boss Tweed” Amante had been ceremoniously swept from the dais with kind words and lots of resolutions. We had hope that, perhaps, the acerbic cloud of dissension was about to dissipate. So, we have to wonder why and at whose direction the city attorney, David Kendig, decided to take one last swipe at former councilwoman Gavello.

In an email, dated a scant three days after the installation of the new city council, Kendig decided to send an email to Gavello demanding she change her website as she is no longer a member of the city council and her website bills her as such. To add insult to stupidity, he also demanded she remove the city logo from her website as it was “unauthorized”.

From the Email:

On Dec 9, 2012, at 9:12 AM, David E. Kendig <> wrote:

Good morning, Deborah,
It has been brought to my attention that your website ( still refers to you as a Councilmember. Since you left office last Tuesday, it is time to immediately remove that website, remove your former title from the website, or change the website to correctly reference your current status. In addition, in reviewing that complaint, I observed that the website contains a facsimile of the official City seal on one of the link buttons. Such use of the City logo is prohibited by the Tustin City Code, so that also must be removed from the website immediately.

Please let me know if you have any questions.
David Kendig
City Attorney, City of Tustin

Yes, I am still laughing over the fact that, when we brought this illegal use of the logo up to the city in regard to then candidate Allan Bernstien’s blatant illegal use of the logo and misrepresentation as a city councilmember, Kendig sheepishly had the city clerk send out a reminder to everyone.

Now, one could say that Kendig was just doing his job. I mean, it was a whole three days since Deborah was gone. We certainly don’t want Gavello to be confused with the Podiatrist Councilman. Never mind that, among the various websites of city councilmembers, hers was the most accurate and up-to-date, making sure her constituents were kept informed was a hallmark of her tenure. Much of the information she placed up there was in direct conflict with the so-called transparency page the city public information officer kept on the city website. And, she was a master of demonstrating the idiocy of the city council in video clips that can still be found on YouTube.

“I can see calling me after a month, if it hadn’t been taken down. But three days? I asked my webmaster to remove the information the day after I left office”, said Gavello in an email interview. Since then, her entire website has been replaced with one big “thank you” to her constituents.

So, did Kendig do his job or was he just harrassing his former boss?

Perhaps, if we look at Councilman John Nielsen’s website, we can get an answer:

I am proud to be your Mayor this year, and am gratified and encouraged by the support I have already received in my campaign including friends, and neighbors I have worked with through the many years of my family’s involvement in our community, including, Tustin Dolphins, Tustin PONY League, Tustin Eastern Little League, NJB, AYSO Soccer, SoCal Waterpolo and numerous sports, events and activities for our local public schools, where my children graduated from Tustin High.

Yes, right on the home page of his website, he bills himself as Mayor of Tustin, even though it has been over a week since Councilmember Al Murray was elected to be mayor. So, where was the email to Nielsen for illegally calling himself “Mayor” when he left the position? Well, it is not the first time Nielsen has told an untruth. We doubt it will be the last.

What the entire episode demonstrates is that the inept lawyer Kendig will continue to be the pandering lapdog for what we expect will be an equally inept city council. We could hope for nothing less in the coming year.

As a closer, Gavello also explained that she had asked her fellow councilmembers to go out to bid on the city attorney services rather than continue the no-bid contract ad infinitum. “but Beckie [Gomez] wouldn’t help me on going out to bid on this”.

Did you really expect her to?

About Jeff Gallagher

I am a retired peace officer from the 2nd largest law enforcement agency in Orange County. I live in and love Tustin where my family and I have resided for the past 25 years. I am a highly moderate libertarian that despises hardcore Republicans, Democrats and anyone else who is not willing to compromise for the good of the people.

Posted on December 24, 2012, in elections, Local Government, politics, Tustin City Council and tagged , , , , , . Bookmark the permalink. 2 Comments.

  1. IOKIYAR — It’s OK if you’re a Republican. Merry Christmas Tustin

    • It just shows you that someone is pulling the strings. Oh, and guess which former councilman of Sicilian descent still shows himself as being the mayor of Tustin on his Facebook page? Oh, and there is the Save Tustin website from Pam Gooderham and her sugar daddy that still calls Amante Mayor. And, of course, Jerry’s own website names him as mayor and councilman. But, as you say, Kendig only cares if Democrats misuse the terms councilman and mayor.

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